In the past few years it has become more and more common for spouses who are going through a divorce, to use social media as a basis for evidence in cases for divorce, child custody, and alimony, but what about a modification of divorce? Once the divorce has been finalized, ex-spouses often wonder if social media posts can be used to go back and petition for a modification. The answer to this common question is: maybe. It really depends upon the situation and the type of evidence collected via social media.
Here are some factors to keep in mind when determining how social media might be used if you are considering a modification of divorce:
How Can You Modify a Divorce?
In order to modify a divorce, the party must file a Petition to Modify the Decree. Changing or altering the terms of the divorce, including child custody and alimony, requires this petition. If an agreement was reached between the parties in the divorce, the petition would be to change certain aspects of the agreement. If there was no agreement during the divorce, the petition will need to be made to change the judge’s prior decision.
What If There Is No Agreement on Divorce Modification?
If the parties do not agree on the modification (which is likely the case if you are using social media against your spouse). Then you will need to use evidence to convince the judge that a modification is appropriate. This is where you can use social media posts, messages and check-ins as evidence in your case for a modification of the original divorce decree. The judge will be the one who determines whether the evidence supports alteration of the decree. The right evidence can be persuasive. But the judge may also view it as a distraction and not allow the modification.
How Can a Modification of Divorce Happen?
Receiving a modification of divorce depends on how much time has passed since the divorce order. It also depends on what you are seeking to change. When seeking a modification due to changes in your spouse’s situation based on social media, you may find this task difficult. Most judges prefer for the divorce judgement to be final. That is, unless there has been a case of fraud, coercion, or misrepresentation. Certain parts of the judgement can qualify for modification if the evidence is solid. They include child custody, child support payments and alimony rewards. Some alimony awards are non-modifiable. This type cannot be part of the requested modification.
What Should You Expect with a Modification of Divorce?
To seek a modification of divorce, you can expect a similar process as the original divorce. The process for modification includes the petition filing and financial discovery. Then, there is attendance at mediation and a trial if there is no agreement during mediation.
Do you want to move forward with the modification of a divorce based on social media findings? Then it is important to have a qualified divorce attorney to guide you through the process. An attorney will help you to determine if the evidence you have and the modification you seek are worth your time and money.
Get more information about how social media can impact a modification of divorce in the state of Georgia. Our team at Reeder Law Firm is here to help. Need help with your modification of divorce? Call Reeder Law firm today at (770) 475-2521 for a free consultation.